DESIGN WORK TERMS AND CONDITIONS

These terms and conditions apply to all contracts between “novawebs” and every customer “The Client” for design work of every nature provided by novawebs.


1. Definitions

1.1 – “Services” means the design service provided by novawebs to the client.
1.2 - “Work” means the product of the service provided by novawebs to the client which encompasses; web design, logo design, all design for print and any other design related product provided.
1.3 - “Client” means any customer be they a person, or a business placing an order with novawebs.
1.4 - “Contract” means the document provided by novawebs to the client detailing the particulars of the order along with the terms and conditions, either by or through a combination of hard copy, faxed copy, or email.
1.5 – “Project” means the process of executing the work proposals detailed in the contract.


2. Application of the Terms and Conditions

The terms and conditions set out herein shall apply to all contracts for the sale of design services by novawebs to the client. No other terms and conditions shall be binding upon the parties; this contract embodies the entire understanding between the parties. There are no promises, terms, conditions, obligations, oral or written, expressed or implied, other than those contained herein, or confirmed in writing by novawebs and attached hereto.

2.1 - These terms and conditions shall apply to all contracts for the sale of services by novawebs to the client with the exclusion of any other terms and conditions except those in accordance with figure 2.4.
2.2 - By signing the contract, the client and novawebs shall both be bound by these terms and conditions.
2.3 - novawebs reserves the right to alter, add and subtract from these terms and conditions at any time. The most up to date terms and conditions are available to view online at www.novawebs.co.uk these online terms and conditions replace any previously agreed and it is the responsibility of the client to make themselves aware of the latest terms and conditions.
2.4 - Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless confirmed in writing by novawebs.
2.5 - All orders for services shall be deemed to be an offer by the client to purchase services in accordance to these terms and conditions.
2.6 - Signing of this contract shall be deemed conclusive evidence of the client's acceptance of these terms and conditions.


3. Contract

3.1 - Quotes given expire 15 days after the issue date on the contract.
3.2 - If in any case the client wishes to terminate the contract before its completion the client must pay a “Kill Fee” of: £150 To cover wasted time.
3.3 - The Kill Fee (3.2) is taken in addition to any payment received before the date of termination, this includes; 25%, 50% and up front payments.
3.4 - The project must be completed within 10 weeks of the signature date on this contract; it cannot be postponed or delayed unless otherwise agreed by novawebs in writing and attached hereto.
3.5 - If the project runs over 10 weeks due to client fault, a charge of 15% of the original price quoted on the contract will be applied to the final invoice to cover schedule inconvenience. The contract will also be re-assessed and the client will be quoted appropriately. Figures 3.2 and 3.3 still apply. Any payment made before the re-assessment will be deducted from the final invoice.
3.6 - Print quotes are independent of design quotes, a design contract does not bind the client to print.
3.7 - If any significant changes need to be made to the contract after signing novawebs is entitled to make any changes deemed fit to the quoted price. If an agreement cannot be arranged figures 3.2 and 3.3 still apply.


4. Payment

4.1 - The client is legally required to pay the full amount determined above within 30 days from the date specified in the invoice provided on completion of the work.
4.2 - If any payment is not made on or before 30 days after the invoice date, novawebs is entitled to charge interest thereafter per day on the value owed at the rate of 4% P.A. above the current base rate of HSBC plc.
4.3 - The client is not permitted to make any deductions from the final amount for any reason, any deductions will be at the discretion of novawebs.
4.4 - If the client is not purchasing Hosting and Domain Services with novawebs, the client must purchase both domain name and hosting before any web based work is carried out. In this case the client is the owner and is responsible for their domain and hosting.
4.5 - In the case of print based work, if the client wishes to carry out the printing through novawebs, payment for both design and printing must be received in full before the printing commences.
4.6 - The client must pay 25% of the final amount agreed in the product details section halfway through the project in exchange for all work done to this date, the client understands that this is non refundable in accordance with figure 3.3.


5. Copyright

5.1 - The client is liable for any copyright breaches on any content provided by the client to novawebs.
5.2 - All content that is the creation of novawebs is the property of novawebs, subsequently novawebs retains the right to publish such work as his own.
5.3 - Any design work that is subsequently used after termination of the contract is a breach of copyright, for which the client can be held liable.
5.4 - The client is not permitted to resell or make profit from selling work created by novawebs. (If the client wishes to resell work, please ask for a “Resellers Contract” please note, this will affect the quote.)
5.5 - novawebs retains no rights to any concepts or content provided by the client, subsequently novawebs does not retain the right to re-create, resell or distribute any business concepts, text content or images provided by the client.


6. Deadlines & Delay

6.1 - novawebs cannot be held responsible for delayed delivery on any work that is due to client fault, for instance: Delay in signing off proofs, delay in providing any content that has been specified as a requirement or any change in the content that has already been provided. novawebs also cannot be held responsible for any delays that are not solely the fault of novawebs, this includes printing delays.
6.2 - After signing this contract if the client needs to shorten or specify a deadline it is not guaranteed that novawebs will be able to meet the requirements.
6.3 - If the client wishes to shorten or specify a deadline novawebs is entitled to make any amendments deemed necessary to the quote provided.
6.4 - In the unlikely case that novawebs fails to meet the agreed deadline the client has the option to cancel the contract with no extra fee. However figure 4.6 still applies, if the client still wishes to use the work, the contract must stand and the client must pay the full amount quoted on completion of the work, in accordance to figure 4.3.
6.5 - Deadlines agreed between novawebs and the client are NOT inclusive of time taken for printing, the deadline agreed in this contract is for design only. The client must bear this in mind when setting the deadline.


7. Indemnity

7.1 - The client shall indemnify novawebs, keep novawebs indemnified and holds novawebs harmless from and against any breach by the client of these terms of business.
7.2 - Any claim brought against the client by a third party resulting from the provision of work by novawebs to the client and the client's use of the work, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses, howsoever suffered or incurred by the client, novawebs shall not be held liable for.


8. Liability

8.1 - novawebs shall not be held liable for failing to perform to the contract for any reason that is not solely the fault of novawebs.
8.2 - In any event no claim shall be brought unless the client has notified novawebs of the claim within one year of it arising.
8.3 - novawebs shall not be held liable in any case for any damages, loss of anticipated profits, loss of revenue, contracts or any other inconsequential damages that arise from any cause associated with novawebs or the property of novawebs, this includes design work (5.2).
8.4 - All property supplied to novawebs by the client or on behalf of the client shall remain at the client's risk, unless otherwise agreed in writing, this includes; print delivery, data and equipment. The client should insure accordingly.
8.5 - novawebs shall not be held liable for any leak of information or confidential material provided by the client, this includes, a leak or malpractice of any kind by a third party that novawebs has outsourced work to, domain loss due to hacking or as a result of hacking by a third party, password leaking due to theft or any circumstance that is not solely the fault of novawebs.


9. Delivery

9.1 - novawebs cannot be held responsible for any loss or damage during transit of client property (8.4) or print deliverables. It is up to the client to insure accordingly.
9.2 - Web site delivery will take the form of the website going live and will be executed upon receipt of payment in full. (A CD containing files for backup is available on request.)


10. Applicable Law

10.1 - This agreement shall be governed by and construed in accordance with English law and the client hereby submits to the non-exclusive jurisdiction of the English courts.


11. Headings

11.1 - Headings are included in this agreement for convenience only and shall not affect the construction or interpretation of this agreement.


12. General

12.1 - Nothing in this agreement shall confer, nor do the parties intend it to confer, any enforceable right on any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
12.2 - This Contract shall be governed by the Laws of England and the parties submit to the exclusive jurisdiction of the English Courts in relation to any dispute hereunder.


13. Notices

13.1 - Any notice to be given by either party to the other may be sent by email, fax or recorded delivery to the address of the other party as appearing in this agreement or such other address as the party may from time to time have communicated to the other in writing.
(a) - If such notice is sent by email, it shall be deemed received on the day it was sent unless the contrary is proved.
(b) - If such notice is sent by fax, it shall be deemed received on receipt of an error free transmission report.
(c) - If such notice is sent by recorded delivery, it shall be deemed received two days following the date of posting.
(d) - If such notice is sent by first class delivery, it shall be deemed received four days following the date of posting.
13.2 - By interpretation this contract is deemed confirmed at novawebs's place of business.



HOSTING, EMAIL AND DOMAIN NAME TERMS AND CONDITIONS

These terms and conditions apply to all contracts between “novawebs” and every customer “The Client” for Hosting, Email and Domain Name Registration.


1. Definitions

1.1 - “Services” means the service provided by novawebs to the client which encompasses Domain Name Registration, Website hosting services, email services and any other internet hosting service provided.
1.2 - “Client” means any customer be they a person, or a business placing an order with novawebs.
1.3 - “Contract” means the document provided by novawebs to the client detailing the particulars of the order along with the terms and conditions, either by or through a combination of hard copy, faxed copy, or email.
1.4 - “Server” means the computer server equipment operated by our Server providers in connection with the provision of the Hosting services.
1.5 - “Webspace” means the area on the Server allocated by novawebs to the client for use by the client to host their website on the Internet.


2. Application of the Terms and Conditions

The terms and conditions set out herein shall apply to all contracts for the sale of hosting and domain services by novawebs to the client. No other terms and conditions shall be binding upon the parties; this contract embodies the entire understanding between the parties. There are no promises, terms, conditions, obligations, oral or written, expressed or implied, other than those contained herein, or confirmed in writing by novawebs and attached hereto.

2.1 - These terms and conditions shall apply to all contracts for the sale of hosting services by novawebs to the client with the exclusion of any other terms and conditions except those in accordance with figure 2.4.
2.2 - By signing the contract, the client and novawebs shall both be bound by these terms and conditions.
2.3 - novawebs reserves the right to alter, add and subtract from these terms and conditions at any time. The most up to date terms and conditions are available to view online at www.novawebs.co.uk these online terms and conditions replace any previously agreed and it is the responsibility of the client to make themselves aware of the latest terms and conditions.
2.4 - Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless confirmed in writing by novawebs.
2.5 - All orders for hosting services shall be deemed to be an offer by the client to purchase services in accordance to these terms and conditions.
2.6 - Signing of this contract shall be deemed conclusive evidence of the client's acceptance of these terms and conditions.


3.Contract

3.1 - The contract begins upon receipt of payment from the client. This may include the time required for a cheque to clear at a bank.
3.2 - The contract immediately ends upon the client cancelling the service, failing to clear the account balance upon renewal date or by means of figure 6.5.
3.4 - Once the contract has ended, all liabilities for alterations, changes, or errors become the responsibility of the client.


4. Hosting and Domain Services

4.1 - The quantity and the description of the services shall be as set out in the contract and to the best knowledge of novawebs is accurate, however novawebs cannot guarantee the accuracy of this description or quantity.
4.2 - novawebs makes no representation and gives no warranty as to the accuracy or quality of information received by any person via the server and therefore novawebs shall have no liability for any loss or damage to the client caused by the server or any data stored on the server.
4.3 - The client shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the server.
4.4 - It is the responsibility of the client to take regular backups of their website and databases, hence novawebs shall not be responsible for any loss of data in any case.
4.5 - The client undertakes and warrants to novawebs that they will use the webspace allocated to them only for lawful purposes.
4.5.1 - The client will not use the webspace or server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will the client authorise or permit any other person to do so.
4.5.2 - The client will not use the webspace or server to post, link to or transmit:
(a) - Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
(b) - Any material containing a virus or other hostile computer program.
(c) - Any material which constitutes, or encourages the commission of a criminal offence or which infringes any patent, trade mark, design right, copyright and any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
4.6 - The client will not send bulk email whether opt-in or otherwise from our network. Nor will the client promote a site hosted on our network using bulk email.
4.7 - The client will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
4.8 - novawebs reserves the right to remove any material which is deemed inappropriate by novawebs from the client's webspace without notice. novawebs does not host Warez or illegal MP3 content.
4.9 - novawebs shall keep secure any identification, password and other confidential information relating to the client's account and shall notify the client immediately on discovery of any known or suspected unauthorised use of the account or breach of security, including loss, theft or unauthorised disclosure of passwords or other security information.
4.10 - The client shall observe the procedures which novawebs may from time to time prescribe and shall make no use of the server which is detrimental to our other customers.
4.11 - The client shall ensure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
4.12 - Any domain names purchased by novawebs on behalf of the client are owned and registered to novawebs, the domain is then rented by the client from novawebs.
4.13 - Webspace allocated to the client by novawebs remains property of the service providers, the fees paid by the client are for rental of the webspace for a specific time.
4.14 - By signing this contract, in the case of an individual client, the client warrants that he/she is at least 16 years of age. If the client is a company, the client warrants that the webspace, server or any other service provided by novawebs will not be used by anyone under the age of 16 years.
4.15 - While novawebs will use every reasonable endeavour to ensure the integrity and security of the server and the client's webspace, novawebs does not guarantee that the server or webspace will be free from unauthorised users or hackers, hence novawebs shall be under no liability for any damage or failure caused by any third party who has gained access to the server or the client's webspace as a result of hacking or a security leak.


5. Service Availability

5.1 - novawebs shall use every reasonable endeavour to ensure availability of the server and services to the client at all times, but novawebs shall not in any event be liable for interruptions of service or down-time of the server.
5.2 - novawebs shall have the right to suspend any of the services provided at any time and for any reason, without notice. However if such suspension lasts or is to last for more than 7 days the client will be notified of the reason.
5.3 - Any services provided by novawebs to the client including the client's account with novawebs cannot be transferred or used by anyone other than the client.


6. Payment

6.1 - All charges payable by the client for the services shall be in accordance with the scale of charges and rates published at the time.
6.2 - The client acknowledges that novawebs retains the right to change the price of the service for the next annual renewal of the service in any way.
6.3 - All payments for these services must be made in advance before any services, including Domain Name Registration commences.
6.4 - All payments for these services are not refundable under any circumstances.
6.5 - Payment is due on the anniversary day following the date that the services were established until closure notice is given. If the client chooses to pay by credit or debit card, the client hereby authorises novawebs to debit the clients account renewal fees from this debit/credit card.
6.6 - All payments must be in UK Pounds Sterling.
6.7 - If any sum payable is not paid on or before the due date, novawebs shall be entitled forthwith to suspend the provision of services and/or terminate this agreement forthwith without notice to the client.
6.8 - If an account goes unpaid for at least ten days, the account and its associated services will be suspended. A £20.00 charge will be applied upon account reactivation to cover administration costs.
6.9 - Once an account has been suspended, access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself will be permanently deleted after twenty days of account suspension.
6.10 - Should access to files, databases and other content be required before they are permanently removed from the server, they can be delivered on a CD at a charge of £15.


7. Termination

7.1 - No refunds will be made for suspended services or on termination of an account in any case in accordance with figure 6.4.
7.2 - If the client breaks any of these terms and conditions novawebs may suspend the services and/or terminate this agreement forthwith without notice to the client.
7.3 - If the client is a company and goes into insolvent liquidation, suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with creditors, novawebs shall be entitled to suspend the services and/or terminate this agreement forthwith without notice to the client.
7.4 - novawebs reserves the right to suspend services and/or terminate this agreement for any reason at any time.
7.5 - The client also reserves the right to cancel the services at any time. Figure 6.4 still applies.
7.6 - On termination of this agreement or suspension of the services novawebs shall be entitled immediately to block the client's webspace and to remove all data located on it.
7.7 - Upon termination of an account, the client's use of the domain will be ceased, the domain will return to the control of novawebs, in accordance to figure 4.12.


8. Indemnity

8.1 - The client shall indemnify novawebs, keep novawebs indemnified and holds novawebs harmless from and against any breach by the client of these terms of business.
8.2 - Any claim brought against the client by a third party resulting from the provision of services by novawebs to the client and the client's use of the services and the server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses, howsoever suffered or incurred by the client, novawebs shall not be held liable for.


9. Liability

9.1 - novawebs shall not be held liable for failing to perform to the contract for any reason that is not solely the fault of novawebs.
9.2 - In any event no claim shall be brought unless the client has notified novawebs of the claim within one year of it arising.
9.3 - novawebs shall not be held liable in any case for any damages, loss of anticipated profits, loss of revenue, contracts or any other inconsequential damages that arise from use of the service or any other action taken by novawebs that adhere to these terms and conditions.
9.4 - All property supplied to novawebs by the client or on behalf of the client shall remain at the client's risk, unless otherwise agreed in writing, this includes data provided by any format. The client should insure accordingly.

11. Applicable Law

11.1 - This agreement shall be governed by and construed in accordance with English law and the client hereby submits to the non-exclusive jurisdiction of the English courts.


12. Headings

12.1 - Headings are included in this agreement for convenience only and shall not affect the construction or interpretation of this agreement.


13. General

13.1 - It is always the policy of novawebs to develop and improve its services. novawebs therefore reserves the right to make any improvements to the designs and specifications of the services.
13.2 - Nothing in this agreement shall confer, nor do the parties intend it to confer, any enforceable right on any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
13.3 - This Contract shall be governed by the Laws of England and the parties submit to the exclusive jurisdiction of the English Courts in relation to any dispute hereunder.


14. Notices

14.1 - Any notice to be given by either party to the other may be sent by email, fax or recorded delivery to the address of the other party as appearing in this agreement or such other address as the party may from time to time have communicated to the other in writing.
(a) - If such notice is sent by email, it shall be deemed received on the day it was sent unless the contrary is proved.
(b) - If such notice is sent by fax, it shall be deemed received on receipt of an error free transmission report.
(c) - If such notice is sent by recorded delivery, it shall be deemed received two days following the date of posting.
(d) - If such notice is sent by first class delivery, it shall be deemed received four days following the date of posting.
14.2 - By interpretation this contract is deemed confirmed at novawebs's place of business.